Suarez v. Dickmont Plastics Corp.

The principal issue on appeal is whether the Appellate Court properly affirmed the trial court’s granting of the defendant’s motion for summary judgment based on the exclusive remedy provisions of the Workers’ Compensation Act (act).1 We hold that there *101is a genuine issue of material fact as to whether the plaintiffs injury was “substantially certain” to follow from his employer’s conduct so as to satisfy the narrow exception to the exclusivity provisions of the act and to allow the plaintiff to pursue his common law remedy in a trial. We further hold that the plaintiff’s previous collection…